Brand v. State

In determining whether the State has presented a prima facie case, this Court must accept as true the evidence introduced by the State, accord the State all legitimate inferences from that evidence, and consider the evidence in the light most favorable to the State. Foster v. State, 705 So.2d 534 (Ala.Crim.App. 1997). After examining the evidence in this case in light of this Court's recent decision in Hobdy v. State,919 So.2d 318 (Ala.Crim.App. 2005), I cannot agree that Brand was entitled to a judgment as a matter of law on the third-degree domestic-violence charge.

The trial court was…